Control and possible types of violations related to electronic tolling on a toll road
The control of the correct payment of the electronic toll for the passage of vehicles and combinations of vehicles with GVW ≥ 3.5 t., the so-called heavy vehicles on the Toll Road Network is performed in accordance with the provisions of the Act of 21 March 1985 on Public Roads (Journal of Laws of 1985, No. 14 item 60 as amended).
What is the purpose of the control
verifying compliance with the obligation to pay the electronic toll referred to in Article 13(1)(3) of the Act on Public Roads or other normative acts related to electronic toll user obligations,
imposing fines (fines) and administrative penalties for failure to pay electronic toll for the use of national toll roads from users of vehicles with GVW ≥ 3.5 t or violation of other toll-related obligations,
ensuring revenue from the collection of the electronic toll to the National Road Fund, necessary for the construction and maintenance of national roads.
How the control is carried out
by control devices placed along toll roads which record the passage of vehicles with a GVW ≥ 3.5 t. (so-called heavy vehicles),
in the form of "roadside checks" carried out by SCS Officers, ITD Officers and Police Officers,
Financial penalty (otherwise known as an administrative penalty)
A fine is understood to be a pecuniary sanction defined in Article 13k of the Act of 21 March 1985 on public roads, imposed by the Chief Road Transport Inspectorate by way of an administrative decision.
On whom a fine may be imposed
If, as a result of the inspection, infringements of the provisions of the Act on Public Roads concerning the obligation to pay electronic toll or other infringements related to the passage of a vehicle and a combination of vehicles with a GVW ≥ 3.5 t. on a toll road are found, the Chief Road Transport Inspector imposes a fine (imposed by way of an administrative procedure aimed at issuing an administrative decision) on the owner, holder or user of the vehicle or on the road user who is not the owner, holder or user of the vehicle.
At what amount shall a fine be imposed
A fine is imposed in the amount of PLN 250 to PLN 1,500, depending on the type of infringement to which it relates.
No more than one fine may be imposed for a particular infringement concerning a given motor vehicle during a single day (a day is considered to be the period from 0:00 to 24:00 on a given day).
What a fine can be imposed for (types of violations) - according to the Act of 21 March 1985 on public roads
For violation of the obligation to pay the electronic toll.
For entering incorrect vehicle category data on the device.
For using a mobile device, an external localisation system or an on-board unit contrary to its intended use when it results in an incomplete toll being paid.
Failure to register a vehicle or a combination of vehicles with a maximum permissible weight of over 3.5 tonnes in the electronic toll register.
For the entry in the register of electronic toll payers of factually inaccurate data on the vehicle or vehicle combination and the reference number of the device used in the vehicle.
For failing to include, in the register of electronic fee payers, digital copies of: the documents confirming the data of the motor vehicle if the data has not been notified to the central vehicle register; and confirmation of the deposit of a security in the form of cash or a document confirming the deposit of a security (in the case of settlement of payments with deferred payment).
For failure to update the data contained in the register of electronic fee payers.
Penalty for breach of the obligation to pay the electronic toll by prepayment. The penalty is not imposed if the geolocation data of the vehicle from a journey on a toll road have been transmitted to the KAS Electronic Toll Collection System and the owner, holder or user of the vehicle has paid the electronic toll within 3 days from the day of completion of such journey. Information on the amount of the unpaid electronic toll is available through the KAS Electronic Toll Collection System.
The possibility of paying the electronic toll at a later date does not apply to infringements found when stopped for roadside checks.
Fine (otherwise known as a fine)
Penalty imposed by way of a penalty ticket for acts specified in Articles 13na and 13naa of the Public Roads Act. The right to impose and collect a fine by way of a penalty ticket is vested in inspectors of the Road Transport Inspection and officers of the Customs and Fiscal Service, as well as police officers.
In what amount shall a fine be imposed
A fine of between PLN 500 and PLN 1,500 is imposed, depending on the type of infringement to which it relates.
What can a fine be imposed for (types of infringements)
For covered or decorated boards, boards with limited legibility and boards placed in other than their intended locations.
For a malfunctioning ZSL or OBU or mobile device including software.
For not having the reference number of the toll data device.
For not equipping the vehicle with a properly functioning external locating system.
Infringements by foreign operators (for vehicles registered in a country other than Poland)
In the case of a suspected infringement, which may result in the imposition of a fine, by a foreign entity having its registered office or place of residence in a country with which Poland is not bound by an agreement or arrangement on cooperation in the reciprocal enforcement of receivables or the possibility of enforcement of receivables does not directly result from international regulations and the regulations of that country, an officer of the Customs and Fiscal Service, a Police officer or an inspector of the Road Transport Inspection shall, during a roadside inspection of a vehicle registered in a country other than Poland, collect a deposit in the amount corresponding to the expected fine.